§ 125. — Employees of hospital.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC125]
TITLE 20--EDUCATION
CHAPTER 8--HOWARD UNIVERSITY
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 125. Employees of hospital
(a) Opportunity to transfer; guarantee of rights and benefits
The agreement for transfer of Freedmen's Hospital referred to in
section 124 of this title shall include provisions to assure that--
(1) all individuals who are career or career-conditional
employees of the hospital on the day preceding the effective date of
the transfer of the hospital, except those in positions with respect
to which they have been notified not less than six months prior to
the effective date of such transfer that their positions are to be
abolished, will be offered an opportunity to transfer to Howard
University;
(2) Howard University--
(A) will not reduce the salary levels for such employees who
transfer,
(B) will deposit currently (i) in the civil service
retirement and disability fund referred to in section 8348 of
title 5, the employee deductions and agency contributions
required by subchapter III of chapter 83 of title 5, and (ii) in
the fund referred to in section 8714 of title 5, the employee
deductions and agency contributions required by chapter 87 of
title 5.
(C) will provide other benefits for such employees as nearly
equivalent as may be practicable to those generally applicable,
on the effective date of the transfer of the hospital, to
civilian employees of the United States, and
(D) in determining the seniority rights of its employees,
Howard University will credit service with Freedmen's Hospital
performed by such employees who transfer, on the same basis as
it would credit such service had it been performed for such
University;
(3) the transfer will become effective not later than the
beginning of the second month which begins after construction of the
new hospital facilities authorized by section 126 of this title is
commenced.
(b) Placement of employees in comparable Federal positions
The Department of Health, Education, and Welfare shall make every
reasonable effort to place in other comparable Federal positions all
individuals who are career or career-conditional employees of Freedmen's
Hospital on September 21, 1961 and who do not transfer to Howard
University.
(c) Services performed in the employ of United States
Each individual who is an employee of Freedmen's Hospital on
September 21, 1961 and who transfers to Howard University shall, so long
as he is continuously in the employ of Howard University, be regarded as
continuing in the employ of the United States for the purposes of
subchapter III of chapter 83 of title 5, chapter 87 of title 5. For
purposes of section 3121(b) of title 26 and section 410 of title 42,
service performed by such individual during the period of his employment
at Howard University shall be regarded as though performed in the employ
of the United States.
(Pub. L. 87-262, Sec. 2, Sept. 21, 1961, 75 Stat. 542; Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
Codification
In subsec. (a)(2)(B), ``civil service retirement and disability fund
referred to in section 8348 of title 5'' substituted for ``civil service
retirement and disability fund required by the Act of May 22, 1920'' on
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and
Employees. Previously, act May 22, 1920, ch. 195, 41 Stat. 614, was
superseded by act May 29, 1930, known as the Civil Service Retirement
Act of 1930, which was generally amended by act July 31, 1956, ch. 804,
Sec. 401, 70 Stat. 743.
In subsecs. (a)(2)(B) and (c), ``subchapter III of chapter 83 of
title 5'' substituted for ``the Civil Service Retirement Act'' on
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5.
In subsec. (a)(2)(B), ``fund referred to in section 8714 of title
5'' substituted for ``the fund created by section 5(c) of the Federal
Employees' Group Life Insurance Act of 1954'' and, in subsecs. (a)(2)(B)
and (c), ``chapter 87 of title 5'' substituted for ``the Federal
Employees' Group Life Insurance Act of 1954'', on authority of Pub. L.
89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of
which enacted Title 5.
Amendments
1986--Subsec. (c). Pub. L. 99-514 substituted ``Internal Revenue
Code of 1986'' for ``Internal Revenue Code of 1954'', which for purposes
of codification was translated as ``title 26'' thus requiring no change
in text.
Transfer of Functions
Functions of Secretary of Health, Education, and Welfare under laws
relating to relationship between Howard University and Department of
Health, Education, and Welfare transferred to Secretary of Education by
section 3441(a)(2)(M) of this title.
Section Referred to in Other Sections
This section is referred to in section 128 of this title.
